>> reporter: the officer is okay. he got a gunshot wound to the arm, but is recovering. this incident after in 2009 when four oakland police officers were gunned down. tonight we've got a chopper overhead trying to look for two men. it's been blocked off for about four blocks on seminary. linked again to the shooting of a police officer. police say it happened just after 6:20 when that officer, an undercover cop was working here, trying to get more information on a weekend shooting that happened in the area. but while he was here, police say three armed men confronted him and before backup could arrive, the undercover officer was shot in the arm. police immediately set up this perimeter, and one man is in custody. while we were here, we did see one man appeared cuffed. we do not know if he was another suspect in custody or if he's just a person of interest. the good news again, the officer is okay, taken to a local hospital. but people we spoke with here

told us this has become a common scene. >> i stay here, there was a shooting last week. there's been a lot going on up in here. it's oakland, california. you know, so you know what you got to do is be aware. but seminary, you know, it's a crazy street. >> reporter: a lot of the search in the air, not on the ground. one man is in custody. this does come before tomorrow night's city council decision on whether to bring in former lapd chief william bratton to come here to oakland. the meeting almost a week ago was pretty contentious there. the idea met with quite a bit of uproar. that meeting is set to happen tomorrow night at 5:30. >> okay, stephanie, thank you.

we're also following another breaking story in the south bay. a frightened neighborhood in san jose after a home invasion. an elderly couple the victims of this crime. the attack happened on bret harte drive. george, what do we know at this hour? >> well, police are looking for the robbers right now. they just cleared the scene here just a few minutes ago, but neighbors are clearly scared after three men forced themselves into a home and tied up an elderly couple, holding them against their will. police say the robbers ransacked the home and they were in there for quite some time. investigators say the robbers stole a number of things and then took off in the victim's two cars. police say the suspects had weapons, but would not say what type. at some point, either the husband or the wife untied him or herself and was able to go to a neighbor's home and call for help. the elderly couple as described as long time neighbors. a lot of people who live around here have been here for quite a while.

one neighbor who has lived here for 16 years says this type of crime has never happened on her street. >> freaked me out and scared me. i think, like everyone, it's not the type of thing that we expect. i don't know how they profiled or how they were chosen and that's frightening. >> their nerved are shot, but they're holding up fairly well. >> the lieutenant describing how the husband and wife are holding up. police are looking for the couple's 1997 tan toyota camry and a 2007 green toyota high lander. here are the license plates for the camera. and for the highlander. if you've seen these cars, please call san jose police. we're live in san jose tonight.

>> thank you, george. certainly the place to be tonight, the president and the first lady attending two inaugural balls. some 40,000 got a piece to share in that historic night. ♪ times or good or bad happy or sad ♪ >> the president and the first lady getting their groove on, sharing the first dance of a second term. there were performances by stevie wonder, alicia keys -- prior to that first dance, the president praised mrs. obama. >> i said today at the lunch that some may dispute the quall ty of our president, but nobody

disputes the quality of our first lady. >> now, despite the lavish look of the night, it was a scaled down event. there were ten official balls following the president's historic election in 2008. this time around, only two. a nod to the struggling economy. president clinton, by the way, holds the record official inaugural balls with 14 in 1997, when he was re-elected to a second term. >> so help you god? >> so help you god. >> congratulations, mr. president. >> regardless of your political believes, it's a proud day for millions of americans. the balls came hours after the president was ceremoniously sworn in before hundreds of thousands of people who packed the national mall. mr. obama delivered an impassioned address, touching on a number of political and social issues, including same-sex rights. nbc's jean elliot joins us from treasure island. the president was bold, as you saw earlier today, and his comments really resonate here in the bay area, don't they? >> reporter: the president made it clear he believes same-sex couples should be treated

equally under the law. here in the bay area, same-sex couples say it is an emotional moment because so many are ready to say "i do" legally. >> this could be the year that we actually legally get married. >> i can still fit in the dress. >> francis and jen are dreaming of a legally recognized same-sex marriage. after years on the marriage roller coaster in california, president barack obama delivered new reason for same-sex couples to hope in his inauguration speech. >> our journey is not complete until our gay brothers and sisters are treated like anyone else under the law. >> reporter: powerful words for this committed couple that have kids. >> to actually have a president say that he believes we should all be equal is extremely moving to me. >> that's a big deal to have that sort of recognition at the highest office in the nation. >> reporter: political analysts say the president signaled leaders in washington to prepare to act on gay rights. >> he wants to keep this on the frontrunner.

there's no question about it. and they can act on this in several ways. yes, there are a couple of big cases before the supreme court, including our own case from california, but not only that, congress can act on gay rights, too. >> reporter: in march, the u.s. supreme court will consider a challenge to prop 8, california's ban on same-sex marriage, cases that will affect thousands of families like this family. 10-year-old fin says it's time to make things right for his moms. >> i don't see why this should be an issue. the gay and lesbian people are just the same as everyone else. >> reporter: this east bay family is looking forward to taking new wedding photos after having a legally recognized ceremony like everyone else. now, tonight the national organization for marriage is criticizing the president for bringing up what it calls a devi divisive issue and the group is planning to define marriage as

between a man and woman. so many people excited in washington, d.c., and a lot of bay area people were there for the inauguration. you check out our viewer photos from bay area residents who made it to d.c. for the festivities. you can find complete coverage on our website, nbcbayarea.com. tonight the super bowl scramble is on. right now, some of the cheapest tickets are going for $1,900 apiece. 49ers season ticketholders will find out in just hours whether they've been picked to go to the big game. the team automatically entering them. if they're chosen, they'll have the right to buy super bowl tickets. it's a nerve racking night for bob, who has been a season ticketholder for generations. >> my grandfather, who was an immigrant from france, bought season tickets in 1949 with my dad, and over the years, when a son was born, they'd add to

that. and i had two brothers who are ten years older, so they got theirs in the early '60s and i got mine in 1970. so i got an e-mail from the niners yesterday stating that the lottery is today and that i would get an e-mail tomorrow as to whether i get my seats or not. so we'll see. >> so will bob's friends, no doubt. the team says it will not have any face value tickets available for the general public on sale on its website, so if you want them, you're going to have to go to a broker and dig deep into your wallet. we have a team of more than 20 people sending to new orleans to cover the game. all the festivities as well. you find our updates, both on air and online at nbcbayarea.com. still ahead, let the hype begin. we'll hear from the harbaugh brothers, including why jim harbaugh is talking about a curse. >> at this point, he's definitely not kept the promise,

and if you need any evidence, you just need to look at the people that you have spoken with. and then conflict and new accusations, a powerful supporter of the california national guard's leadership speaks out in an investigative unit exclusive. and a rescue at sea caught on camera. a surfer's daring move to reach safety. and good evening, feeling more like spring than winter. we've got some big changes coming our way. not only colder weather, but also rain. i'll detail the timeline coming up.

police are hoping you can help identify an armed man who robbed a cell phone and check cashing store saturday night. he was caught on surveillance cameras. police say the man walked into the store holding the gun, just watch, and as soon as he got inside, he pointed it at the employees and demanded money. the three employees were able to get behind a room with bulletproof glass and lock the door as the gunman behind started firing. none of the employees luckily were hurt. the suspect was last seen running from that store. it's been a tumultuous few months at the california national guard. tonight more conflict and back biting. this time, the guard's largest union is questioning the leadership of general david baldwin. >> this follows a series of investigations by the nbc bay area investigative unit and our sister station knbc in los angeles. tony is back with us tonight. this union publicly endorsed general baldwin less than just a year ago. >> exactly.

just less than a year ago. the business manager of the national guard union and district council sent this letter last february endorsing governor brown's choice to leave the guard. but now following our reports, that endorsement has changed. >> the reason that i'm here is because it's the right thing to do. >> he's the decision maker for the national guard's largest union. representing full-time civilian technicians. >> the reason that i'm here is because i feel that your story is the right thing to do. this has to be told. >> he admits speaking out will likely hurt his union's ongoing contract negotiations with the guard's leadership. he's talking to us after watching our investigation. >> i just want it to stop. i just want it to stop. >> we talked with members of the california guard. pointing to a culture where they say complaints of harassment, retaliati retaliation, and racism are nonproperly handled. >> it's not necessarily tolerated, but they don't address it. >> he says he saw it in our report and he's heard it from

his union members. >> there's still a culture of retaliation, there's still a culture of fear out there. >> this is his picture with general david baldwin attached to a news letter from february of last year where the union announced its endorsement of general baldwin to take over leadership from the guard. >> i have a mandate from the governor to change the culture of the unit of the organization. >> general baldwin made that promise at his senate confirmation hearing last february. >> at this point, he's definitely not kept the promise. and if you need any evidence, you just need to look at the people that you have spoken with. >> major general baldwin promised to fix the problems you've talked about. did he keep his promise? >> no. >> since the change of leadership, has this problem been cleaned up? >> no, it's gotten worse. >> our investigations have included interviews with more than two dozen members of guard. some were off camera because they feared retaliation. others told us their stories in front of our cameras.

>> i just can't believe that the huge chain of command can't take care of people. >> they like to keep this their dirty little secret. they like to keep it in the closet with other skeletons. >> i am extremely disappointed because i know how much he can do. so at this point in time, it's how much he hasn't done. >> general baldwin and top leaders of the guard continue to decline our interview request, but instead for the first time in this written response, they did address the attacks on the guard's culture, writing in part, "since his appointment, general baldwin and his staff have created an open dialogue. in an ongoing effort to improve the cultural climate of the california national guard." the e-mail says general baldwin has worked tirelessly to establish positive working relationships with the union and says he and his command team remain proactive in addressing our service members and employees' concerns. >> taking the charge of the governor and moving forward to make this hands-down, bar none the best national guard in the

united states of america. >> but nearly a year later, the union's leadership says general baldwin has failed. >> in answer to your investigative report, he says he's asked ngb once more to come down and they're not going to come down for another three months. so how many investigations does general baldwin need to tell him the obvious. that there's problems within the organization. >> now, we asked the head of the union to grade general baldwin's performance over the past 18 months. his answer, i would give him a d, saying it doesn't even think it's average. in its written statement, the guard also wrote it is both unfortunate and ill-timed that mr. banchs feels the need to disparage the military department with specious allegations. he says his comments have nothing to do with the ongoing

contract negotiations. >> okay, thank you very much, tony. if you have a tip for our investigative unit, give us a call at . >> bmws and mercedes a gold mine for thieves. at least a dozen cars were stolen from auto world in heyward around 2:00 a.m. the thieves broke open the lock on the gate and then broke into the office, and what do you know, they found the car keys. police say the surveillance tape shows about four or five people were involved. police recovered one car, but the owner says they lost hundreds of thousands of dollars worth of inventory. tense moments for a surfer stranded off ocean beach today and it was all caught on camera. he got stuck on a rock this morning. you can see him in the crack of that giant rock. he climbed up several feet away from the pounding surf and he just waited for help. coast guard came to the rescue with two swimmers paddling out to the rock.

that's when the surfer climbed down. after a prolonged pause, he finally jumped in. the three then paddled through rough surf to calmer waters where a police department boat picked them up and carried them off to safety. >> incredible video. is there a rumor in the weather department that there might be some rain later this week? >> yes, we are tracking those changes coming our way. after those waves that were 30 feet off the coastline, we just saw that dangerous video, we're also getting the waves to calm down offshore. only about five to seven feet at the current moment. no rainfall on the radar, but again, that's going to be changing over the next 48 hours. right now, it's cold up in the north bay with temperatures dropping in the 30s and plenty of 40s down in the south bay. let's take you outside this evening to our live hd sky camera network. you see the haze down here in san jose. but if you look straight up, you're going to be able to see clear, no storm activity just yet here, moving even into san francisco. details coming up on what you might not see for another 30 years a little bit later on in this forecast. let's get you right now to the

latest here. offshore, we are following our storm system. it has a lost of moisture. plenty of strength. the core of the storm is going to be heading off to the north. so we're going to get some rainfall. it's just not going to be a strong storm system. i think everybody's going to be more impacted by this cold blast of air that's going to move down from the north bay to the south bay as we head throughout the next 48 hours. rain timeline has cloud cover increasing here as we head throughout tuesday night at 7:00 p.m. as we get through the overnight hours, cloud cover continuing to increase and it's not going to be until about wednesday morning, 8:00, 9:00, 10:00 that we see the showers developing, and then here is the problem. as our future cast continues into the afternoon on wednesday, it has a hard time pushing that rain down to the south bay, so at best, expect the chance of showers here on wednesday with the best chance of accumulating rain up into the north bay. for tonight, 32 in napa. 39 in fremont. 39 in san jose with 36 down into gilroy, and take a look outside. yes, for the next couple of hours, you're going to be able

to see something you won't be able to see until 2026. the moon and jupiter uniting for tonight. all you've got to do is look to the east of the moon, and you're going to be able to see jupiter. it's not going to be this close again until 2026. but, of course, wait until after our show. for tuesday, we're going to see daytime highs, 65 in santa rosa. 67 in san jose. cooler in the east bay with 60 degrees for you. still expecting 70 in santa cruz, where you won't get in on this cooldown until we head into wednesday. that's when we'll get the chance of showers coming our way. for thursday and friday, temperatures continuing to cool off with 60s coming back into the mix. then as we head throughout saturday and sunday, a chance of showers in the forecast for this upcoming weekend. no big storms in the next seven days. just need to keep that umbrella handy. so one more day of this awesome weather at the coastline, and then things start to get back to reality for this time of the year. >> i looked up, i saw jupiter

and the moon earlier tonight. >> we have skylights? here? >> well -- [ laughter ] >> you mean outside. >> we're back in a moment. [ female announcer ] safeway presents

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another inauguration tidbit to share with you. there were so many peel tweeting about the ceremony, twitter actually went down shortly after the ceremony ended. the smart phones were out by thousands when the president and first lady took that first spin at the commander in chief's ball. even with intermittent service, san francisco bay's site reported over a million tweets during the official ceremony that referenced the inauguration. and how about this moment. millions of us were watching him and the president took a chance to watch us. a candid moment just for a few moments here, he stops and takes it all in. he specifically asked the secret service to stop for a few moments. it was after he finished his inaugural address, he walks up the steps to enter the capitol building and then stops briefly and takes a look back at the sea of people.

>> what a moment in time for the president. the harbaugh brothers speak out about the super bowl hype and the big night for the warriors. sports coming up next.

hi, everybody. scott reiss in the comcast sports net newsroom. story lines aplenty, but the biggest headline, battle of the harbaugh brothers jim and john. they faced off one time before, november 24th of 2011. john's ravens got the better of jim's 49ers in a field goal fest. the final score was 16-6. the stakes much higher this time around. both brothers would just as soon keep the spotlight on the players. >> it's a blessing and a curse, blessing because my brother's team.

the curse part would be that -- the talk of two brothers playing in the super bowl. and what that takes away from the players that are in the game. very proud of my brother. i love him and that's the blessing part that's happening to him. >> this team that we're going to play is a great football team. they're extremely well-coached. i'd have to say. and maybe it's in the media. i tell you, i watch his media things, i just laugh. because some people take him seriously. they actually think that some of that stuff is serious. and he's having fun. and he's just being himself. he's the same guy -- what you see is what you get. that's who he is. whether it's on the sideline or wherever, he's real. and that's what i love about him. >> let's talk hoops. kings memorabilia now officially a collectors item. the hanson group, not the '90s team rock band, but the business folks, announcing completion of the purchase of the franchise,

which will mmm bob to seattle as soon as next season. the sale is obviously subject to approval by the nba board of governors. meanwhile, monday matinee on the court celebrating mlk day. clippers-warriors, fourth quarter steph curry lighting it up. three, and three more. this one gives the doves the lead they would not relinquish. the dagger here is curry was 4-4 from beyond the arc in the fourth quarter and the warriors win 106-99. they take three of four from the pacific division-leading clippers on the season. and, of course, it's all about the 49ers. 13 days until the big game. we've got to sort of pace ourselves. but it's going to be nonstop niners until super bowl sunday. >> it's remarkable how much they look alike on top of everything. it's just crazy. all right, thanks. >> thanks a lot, scott.

if you've got them, flaunt them. sergei has those so called google glasses. apparently wearing the super high-tech smart glasses on the new york city subway. while they look like a regular pair of cool eyeglasses, these super cool glasses have the same capabilities as current smart phones. the big difference is that the wearer can see their data displayed from a tiny screen located on the frame, as seen in a youtube video. the glasses are supposed to be available in a few years for the rest of us mere mortals and they'll likely set you back about $1,500. >> that's awesome. >> jeff is the coolest techie we have here. >> he'll have them as soon as they come out. >> i would like them. that would be nice. you can see the moon and jupiter uniting tonight. it's not going to happen again until 2026. that sounded like 30 years away, but it's only 13 years away. >> it just feels like it. >> i know. it sounds so wild. 2026. 13 years away.

seven-day forecast, chance of showers there on wednesday. so look to the east of the moon, and you'll be able to see jupiter. >> so that means you're stuck in 1997 right now? >> most likely. it's a good year.

>> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes sally field. [ cheers and applause ] stand-up comedian michael kosta. [ cheers and applause ] and the music of lord huron. and ridiculous 911 calls. and now, jay leno! [ cheers and applause ] captions paid for by

nbc-universal television captions by vitac www.vitac.com ♪ [ cheers and applause ] >> jay: thank you very much. welcome to "the tonight show!" thank you, gentlemen. [ cheers and applause ] folks, welcome! well, the florida votes have finally been counted, and it is official -- george bush has beaten al gore. [ laughter ] so, there you go. [ applause ] there you go. >> rickey: finally. >> jay: you know, what is going on in florida? you know, they still haven't finished counting the votes there yet? you know, at this point, how many people think florida shouldn't even be allowed to